HomeMy WebLinkAbout20202400.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Amendment to Improvements and Road Maintenance Agreement
for:
Pawnee Waste, LLC — USR 15-0048
DEPARTMENT: Public Works DATE: June 5, 2020
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, Pawnne Waste, LLC, requesting that the
Board of County Commissioners consider approving the Amendment to Improvements and Road
Maintenance Agreement for (USR 15-0048). No collateral is required with this amendment.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
• All Public Works related items, of the "Improvements & Road Maintenance Agreement According To
Policy Regarding Collateral For Improvements", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by
the Board of County Commissioners.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for USR15-0048, and that this item be placed on the next regularly scheduled BOCC
Hearing, as part of the Consent Agenda.
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Approve
Recommendation
Schedule as Regular
BOCC Hearing Item Other/Comments:
CG : Aw C O'°41 TA / .n../J7-in) ,
oey r�iv
cc07L.63-de-CPLO
01'ov)
2020-2400
AMENDMENT TO ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Pawnee Waste, LLC — USR15-0048
This Amendment ("Amendment"), made and entered into 3 fit day of ) tom , 202k, by
and between the Board of Weld County Commissioners ("County"), and Pawnee Waste, LLC, ("Property
Owner").
WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the
Weld County Clerk to the Board of County Commissioners as document No. 20170173, approved on
January 11, 2017.
WHEREAS the parties hereby agree to amend the terms of the Original Agreement in accordance
with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms
provided herein.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
This Amendment, together with the Original Agreement, constitutes the entire understanding between the
parties. The following change is hereby made to the Contract Documents, which shall be effective upon
execution of this Amendment.
Section B.1.0, Established Haul Routes, under Part 1 of the Original Agreement shall be deleted entirely
and replaced with the following:
1.0 Haul Routes: The Property Owner shall be financially responsible for its proportional share of
the associated costs for maintaining and/or improving designated haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for the Property:
1) From the site access point on CR 95 proceed south along CR 95 until CR 112. At CR 112 haul
vehicles shall proceed west on CR 112 to CR 390 for further dispersal.
2) From the site access point on CR 95 proceed west on CR 118 to CR 390 for further dispersal.
1.2 Haul trucks shall enter and exit the site at the approved access on CR 95 and travel north -south or
east -west to the nearest paved road for further dispersal. Any County roads used by USR15-0048
traffic may become part of the established haul/travel routes.
1.3 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -
axle and axle configurations, unless overweight permits have been applied for and granted.
1.4 In unusual or rare occasions, if particular projects mandate deviation from the above -mentioned
haul route, the County may approve a deviation for a limited period of time (not more than thirty
days). If County approves such deviation, haul vehicles will utilize paved county roads whenever
possible. A deviation from the established Haul route lasting more than thirty (30) days or requests
for two or more deviations within a twelve-month period shall be subject to the terms of Section
B.4.0. In the event that haul route traffic, in excess of 15% of the daily facility haul vehicle trips,
utilizes alternate haul routes, the provisions of Section 4.0 of this Section B shall be triggered.
4618984 Pages: 1 4c 3
08/13/2020 12:34 PM R Fee:$0.00
Carly
Kopl�L N Clerk
and
L'i o dlh ,wku County,
uR CO � Wyk 11111 020 -^ d �a
Section B.2.0, No Deviation from Approved Haul Routes, under Part 1 of the Original Agreement shall
be deleted entirely.
WHEREAS, all other terms and conditions of the Original Agreement remain unchanged.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month,
and year first above written.
4618984 Pages: 2 of 3
08/13/2020 12:34 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII N IA%AI NJ�rI �'IY�h �I II
Pawnee Waste, LLC — USR15-0048 — AMENDIA20-0001
Page 2
PROPER ER: Pawnee Waste, LLC
By:
T.
Name:61,444e, P/e%6
Title: f�/ f$74 iVr-
STATE OF COLORADO
County of Weld
Date
ss.
We
The foregoing instrument was acknowledged before me this day of J k,Na
2020 by
ITNESS my hand and official seal.
HUNTER HOSHIKO
Notary Public
State of Colorado
Notary ID*20204015978
202040 5978
M Commission Eres 05-06-
Notary Public
WELD COUNTY:
ATTEST: „f JCd1O;€1
Weld Coin C erk to the Board
BY:
4618984 Pages: 3 of 3
08/13/2020 12:34 PM R Fee:$0.00
Carly Koppee, Clerk and Recorder, Weld County, CO
VIII I re> iRkif hif INICI liii.i !MI II
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
'AUG 0 5 2020
Pawnee Waste, LLC — USR15-0048 - AMENDIA20-0001
Page 3
02 0020 -a 540v
Contract Form
New Contract Request
Entity Information
Entity Name*
PAWNEE WASTE LLC
❑ New Entity?
Entity ID*
@00039125
Contract Name*
IA AMENDMENT TO USR15-0048 PAWNEE WASTE, LLC
Contract Status
CTB REVIEW
Contract Description*
IA AMENDMENT TO USR15-0048 PAWNEE WASTE, LLC
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
Department
PUBLIC WORKS
Contract ID
3954
Contract Lead
DRANDERSON
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
dranderson@co.weld.co.us
NO COLLATERAL REQUIRED
Department Email
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO.US
Requested BOCC Agenda
Date*
08/05/2020
Due Date
0B/01/2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Review Date*
07/2912021
Renewal Date
Committed Delivery Date Expiration Date*
08/05/2021
Contact Information
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
ELIZABETH RELFORD
DH Approved Date
07/30/2020
Final Approval
BOCC Approved
YES
BOCC Signed Date
08/05/2020
BOCC Agenda Date
08/05/2020
Originator
DRANDERSON
Finance Approver
CONSENT
Purchasing Approved Date
07130/2020
Finance Approved Date
07/30/2020
Tyler Ref It
2020-2400
Legal Counsel
CONSENT
Legal Counsel Approved Date
07/30/2020
Submit
Hello